Los Angeles DUI Lawyer Blog
If you have been arrested for a DUI, this does not mean that you are automatically found guilty and will be sentenced. This means that officers believed there was a reasonable suspicion that you were under the influence while operating a vehicle. Prosecutors must first review your case, and determine if there is enough evidence or argument for you to be charged. If they feel that there is, then they will bring charges against you. This, again, does not mean you are guilty. It simply means that Prosecutors believe that there is reason for you to be guilty.
If prosecutors bring charges, then they must also prove beyond a reasonable doubt, in Court, that you are guilty of being intoxicated, and driving while you were intoxicated. Each case is different, and each case has its own unique set of facts. However, there are certain defenses available to each person that has been charged. The strength and the weakness of each defense will depend upon the specific facts of your case and can be discussed in detail with a knowledgeable Los Angeles DUI Lawyer.
No Driving
For Prosecutors to get a successful conviction, they must show that beyond a reasonable doubt you were intoxicated by the influence alcohol and/or drugs, and that beyond a reasonable doubt you were driving. They must have both elements to be successful in getting a conviction. If you were not driving at the time officers stopped you, they have not automatically met their burden, and must use facts and circumstance to prove their case. This means that officers will testify to things like, you were pulled over at the side of the freeway, which indicates that you must have driven there. You may counter and say that you were sober, and then pulled over and had something to drink, so at no point were you actually driving while intoxicated. Most cases are simple to prove driving because people are pulled over. However, if you were not driving at the time, there is a weakness in the prosecutors case and you will have room for strong argument.
Inaccuracy of test results
When you are stopped for suspicion of a DUI, officers will ask you to participate in certain field sobriety tests. These tests are taken at the scene and include certain walking tests, and also include taking a breathalyzer. What many people do not know is that the breathalyzer test at the scene is not mandatory, and there are no negative consequences for refusing to take it. When and if, you are taken to the station, and submit to a sobriety test, whether breath or blood, that is mandatory. Failure to take the test at the scene, can result in additional sentencing or consequences. However, the tests that are used for breath must be maintained properly so that they are consistently taking accurate tests. If you feel that the test results are completely inaccurate, there are ways to gather evidence as to the routine calibration and maintenance of the machines used. If the machines, are in fact, not being kept up to code, then there may be grounds to throw out the test results and the Prosecutor must build his or her case without that piece of evidence.
Inaccuracy of test results
When you are stopped for suspicion of a DUI, officers will ask you to participate in certain field sobriety tests. These tests are taken at the scene and include certain walking tests, and also include taking a breathalyzer. What many people do not know is that the breathalyzer test at the scene is not mandatory, and there are no negative consequences for refusing to take it. When and if, you are taken to the station, and submit to a sobriety test, whether breath or blood, that is mandatory. Failure to take the test at the scene, can result in additional sentencing or consequences. However, the tests that are used for breath must be maintained properly so that they are consistently taking accurate tests. If you feel that the test results are completely inaccurate, there are ways to gather evidence as to the routine calibration and maintenance of the machines used. If the machines, are in fact, not being kept up to code, then there may be grounds to throw out the test results and the Prosecutor must build his or her case without that piece of evidence.